Predictions on the Wal-Mart case, anyone?
Thinking a little more today, it seems this case could be very significant. All the other big employment discrimination class actions I’ve heard of (and I haven’t researched this) have been settled or otherwise disposed of without rulings on the merits of the pattern and practice issues.
Will Wal-Mart follow the lead of Texaco, Western Auto, and others and roll over and settle once the class is certified (if it is)?
If so, we’ll miss an opportunity to test the plaintiffs’ evidence and theories and will only encourage more such litigation. I have some question, based on quick scanning of the Wal-Mart class action brief, as to whether a pattern-and-practice or disparate impact claim could be established. But no doubt the litigation could be made very costly.
This will surely be an interesting test of the famous Wal-Mart “scorched earth” litigation policy.
